Bill > HB1045

This bill makes several changes to child support laws, including clarifying that a parent's child support obligation is presumed to be based on earning at least the state minimum wage multiplied by 1,820 hours annually, and that this presumption can be rebutted with evidence. It also extends the date for modifying existing child support orders without showing a change in circumstances from July 1, 2022, to July 1, 2026, and adds a provision that a parent released from incarceration for over 180 days will continue their existing child support obligation until a modification is requested. The bill allows courts to credit obligors for child support arrearages that accumulated while they had primary physical custody of the child, and it outlines specific circumstances under which a court can impute income to a parent for child support purposes, such as insufficient proof of income, unknown employment status, underemployment, or unemployment, with the imputed income not being less than the state minimum wage multiplied by 1,820 hours, though it exempts parents incarcerated for over 180 days or those with a physical or mental disability preventing them from earning income. Additionally, it allows referees in support debt hearings to make a finding of paternity if genetic testing or voluntary acknowledgment is presented, and it introduces the option for parties to agree to receive notices and reports electronically via email, and requires referees to file all exhibits and documents with the court within ten days of an objection to their report.

Justice

Judiciary (House)

https://sdlegislature.gov/#/Session/Bill/26882